Serving notice of a constitutional matter
5.02 Serving notice of a constitutional matter
5.02.1 If the proceeding is an appeal, or an application for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such other party as the Court or a Justice may direct, must:
file notice of a constitutional matter; and
serve a copy of the notice on every other party and on the Attorneys‑General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory:
if the matter arises in the notice of appeal or in the argument to be advanced in support of the notice of appeal—within 14 days after the grant of leave or special leave to appeal; or
if the matter arises in the application for leave or special leave to appeal or in the argument to be advanced in support of the application—within 14 days after the application is referred to an enlarged Court; or
if the matter arises in a notice of cross‑appeal or a notice of contention or in the argument to be advanced in support of the notice—within 7 days after the notice is filed; or
otherwise—within the time that the Court or a Justice directs.
5.02.2 If rule 5.02.1 does not apply to the proceeding, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such other party as the Court or a Justice may direct, must:
file notice of a constitutional matter; and
serve a copy of the notice on every other party and on the Attorneys‑General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory:
if the matter arises in a pleading or in the argument to be advanced in support of the pleading—within 7 days after the pleading is delivered; or
if the matter arises in an originating process or in the argument to be advanced in support of the originating process—within 7 days after the originating process is filed; or
if neither subparagraph (i) nor (ii) applies, and the matter arises before the day fixed for a hearing of a proceeding—not later than 14 days before that day; or
if neither subparagraph (i) nor (ii) applies, and the matter arises during the hearing of any proceeding before the Court or a Justice—within such time as the Court or a Justice directs.
This Act’s bill:Explanatory statement
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